Transport Focus announced today that their latest National Rail Passenger Survey showed that only a third were happy with their last journey.

Anthony Smith, chief executive of Transport Focus, said:

“For passengers, it’s all about performance – these value for money scores reflect patchy reliability. In London and the South East, Southern, Thameslink and Southeastern passengers have felt performance pick up. However, South Western Railway, TransPennine Express and Arriva Trains Wales passengers, among others, have been buffeted by poorer performance.”

The survey, which included more than 27,000 passengers, showed that satisfaction has dropped to 75% overall and to 64% for South Western Railway. These results contrast starkly with Thameslink, where satisfaction is up 13%, one assumes due to the increase in investment by the company.

“Train companies and Network Rail need to keep to their basic promises and deliver a relentless focus on day-to-day performance and better information during disruption”, said Anthony Smith, chief executive of Transport Focus.

Penny Thompson, blogger at Pennyssavings.com agrees. “Despite really mucking it up when things go wrong, the new 12-car Thameslink trains really have been an improvement. Yes, services are still busy, but those extra carriages have made a difference, as have the in-train information systems which show you live data on the passenger loading across the carriages.”I’m not surprised by the results. It doesn’t take a rocket scientist to work out that investment in the railways will improve the service! Although many people moan about rail services, they don’t complain to the companies and get the redress to which they are entitled. If more people did this then at least they would get some recompense and send a strong message out to these companies.

Network Rail compensates train operators for delays due to track problems which are their fault. But the companies do not hand over this compensation to the customers who were inconvenienced. So, what do we need to make sure we get redress in the easiest way possible?

Here are your rights and tips for getting redress:

1.The Consumer Rights Act 2015 covers rail travel, so you can complain about more than just delays! If that journey was provided with poor service and therefore without “reasonable skill and care”, according to the law, write and complain!

2.Passengers are entitled to have their compensation paid within 14 days, issued by the same method the passenger used to pay for the ticket.

3.Keep your tickets as evidence and take a copy if you have to post them.

4.Make a note of your journey: Date, time, where travelling from/to and how long you’ve been delayed at the time, before you forget!

5.Make a note of the reason given by the train company for the delay.

6.Check how long you have to claim, it is usually up to 28 days.

7.Passengers can claim for any length of delay. If you suffer repeated delays of less than half an hour or overcrowding due to an unexpected lack of carriages, you might get money back if you take your case to court. Currently, no compensation is offered for delays less than 30 minutes.

8.Where a service has not been provided with “reasonable skill and care”, passengers will now have a right to a refund of up to the full ticket price.

9.Put your complaint (unless web based delay/cancellation refund) in writing so that you have a record.

10.You don’t need a third party company to claim for you, just like claiming for delayed airline flights. Instead, do it yourself and get 100% of the refund.

11.If the issue was within the company’s control, be objective, succinct and clear in outlining the issue that occurred.

12.Make it clear what you want to happen as an outcome and what you will do if you are not satisfied with the response (e.g. take it further through Transport Focus or if inside London, London Travel Watch or the Small Claims Court.

13.If you are still not satisfied with the response, write to the CEO of the train operator using contact details from the Ceoemail.com The matter will then be escalated and taken seriously.

14.It may also be possible to claim from your credit card company under Section 75 if the cost of the ticket was more than £100.

• overall 81 per cent of passengers nationally were satisfied with their journey (73 per cent for commuters)
• satisfaction with punctuality is up to 74 per cent – this figure drops to 65 per cent for commuters
• value for money ratings continue below the half-way mark, at 47 per cent (down to 33 per cent for commuters)
• satisfaction with how well delays are handled is at 38 per cent overall (30 per cent for commuters)
• in Scotland 85 per cent of passengers were satisfied with their journey
• highest-scoring operators were Grand Central (96 per cent), Hull Trains (95 per cent), Virgin Trains East Coast (92 per cent), Virgin Trains West Coast and Heathrow Express, both with 91 per cent satisfaction
• lowest-scored were Southern (72 per cent), TfL Rail (75 per cent), South Western Railway (75 per cent), Great Northern (77 per cent), Arriva, Trains Wales and Great Western Railway, both with 79 per cent
• TransPennine Express passengers were the least satisfied with the level of crowding on their train, at 58 per cent.

Have you ever ordered a takeaway that has taken significantly longer than advertised to deliver?

A consumer is totally within their rights to reject the order when it arrives. Consumers have a right to a discount on the order if they decide to keep it.

In fact, if the delivery was so late that the consumer has had to order another takeaway at additional cost to the original order, they could argue that in law they are entitled to the difference too. One must be reasonable, so the delay would need to be unreasonable and within the delivery company’s control.

Any food delivery company not delivering when promised would be in breach of a number of laws. Under the Consumer Rights Act 2015 (CRA) services should be carried out with information given verbally or in writing to the consumer which is binding where the consumer relies on it. Any service must be carried out within the agreed time. Secondly, The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014) (CPUTRs) prohibit trading practices that are unfair to consumers and there are bans on Misleading Practices.

You may already have paid for the delivery before it arrives and the find it difficult to get the refund/discount. Take a picture of the delivery with the time and making copies of any evidence showing the delivery time. (Always make a note of the time you placed the order). Then write to the manager of the company with who you paid the money whether this is the actual delivery company or not, your contract is always with whom you paid your money.

Give details of date, time of order and time of delivery with any evidence. State that the company is in breach of the Consumer Rights Act 2015 and The CPUTRs (using the information above). State that should you not be fully satisfied with the response then you will take the matter further which will include but not be limited to informing Trading Standards and detailing your experience on relevant review sites. You could even threaten the Small Claims Court but few people would carry this threat through. Quoting your legal rights in this way usually gets the redress you are owed!

If you are still unhappy you can always write to the CEO, contact details for CEOs can be found at www.ceoemail.com. The CEO won’t necessarily respond personally but the matter will be escalated and taken more seriously. If more people started to complain and assert their legal rights then service would have to improve or companies would go under from providing refunds and discounts. As for companies who repeatedly breach the CPUTRs a breach is a criminal offence. The maximum penalty on conviction is a fine and two years’ imprisonment!

I often hear from people how they think an ombudsman hasn’t been fair or impartial in their case. Most frequently I hear the criticism that the ombudsman always sees in favour of the trader because the trader pays for membership. What people don’t realise is that’s the only way an ombudsman can be funded! But more importantly what people don’t realise is that they not only do they pay for yearly membership but they also pay per case whilst the customer pays nothing. So it is in the company’s interest for a case not to go to the ombudsman.

Sometimes, people approach the ombudsman with issues outside of their remit. Typically:

The complaint has been made too late – complainants have 12 months from the date the supplier issues its final response (known as a deadlock letter) to raise the issue with the ombudsman.

The complaint has been made prematurely (less than 8 weeks from the initial complaint or no deadlock letter received) – complainants need to raise the issue with the supplier and give them an opportunity to put things right before the ombudsman can become involved.

The trader does not participate in the ombudsman’s scheme.

The complaint is about a product or service which does not fall inside the ombudsman’s jurisdiction.

So, you have your issue, it falls within the remit and you still don’t get the decision you wanted so what do you do? I’ve asked Lewis Shand Smith the Chief Ombudsman at Ombudsman Services to share the traps people fall into and how to make a stronger case when submitting their issue. He looks at energy in particular but the points are valid for all sectors.

Lewis Shand Smith Biography

Lewis Shand Smith was appointed Chief Executive and Chief Ombudsman of Ombudsman Services in 2009. Ombudsman Services is a not for profit organisation which resolves disputes in the energy, communications, property, and copyright licensing sectors, amongst others. Lewis was also the Chair of the Ombudsman Association. Previously he was the Crown appointed Deputy Ombudsman and a member of the Executive Board at the Scottish Public Services Ombudsman (SPSO). He is a priest in the Scottish Episcopal church and has served several congregations in Motherwell, Shetland and Dumfries. He was a Canon of St Andrew’s cathedral in Aberdeen. From 1990 to 1999 Lewis was a member of Shetland Islands Council, becoming Convener/Leader in 1994. He has served as a non-executive director or trustee with a number of companies and charities. He is a former Vice President of the Convention of Scottish Local Authorities, was a member of the Executive of the Scottish Constitutional Convention, and represented the UK on the European Committee of the Regions.

Submitting cases to an Ombudsman service

Ombudsman Services receives complaints in a variety of forms. There are complaints the energy supplier would have resolved if the right person had picked it up. There are complaints where the parties agree on the facts – but disagree on an appropriate remedy. There are complaints where the parties fundamentally disagree on the facts. And there are complaints where neither party has yet been able to understand what happened.

In the period November 2016 to October 2017, Ombudsman Services closed 49,117 energy complaints. Of those, it helped resolve 8% without investigating because the energy company was willing to provide the consumer with their desired resolution.

Of the complaints that Ombudsman Services investigated, it:

upheld 66% (finding that the energy supplier had done something wrong and had not done enough to put it right).

maintained 26% (finding that although the energy supplier had done something wrong, it had already offered a fair resolution to the customer).

did not uphold 8% of complaints, (concluding that there was no substance to the original complaint and the energy supplier had treated the customer fairly).

These figures suggest that the majority of complaints needed Ombudsman Services intervention to ensure a fair remedy for the consumer. But many could have been resolved without Ombudsman Services’ help. In most cases, the complaints reached Ombudsman Services because of a failure in the energy supplier’s complaint handling; but some could have benefited from better complaining from the consumer – or the consumer accepting a resolution that was already fair.

So, below are some common reasons why consumer actions mean a complaint is not resolved with the energy company – along with some advice on how not to fall into the traps.

Focusing on the problem, not the solution

It is very easy to focus on what went wrong and how it should never have happened. But a complaint normally only ends successfully when the wronged party focusses on what needs to be done to put things right. So, before you complain, think about what you would like your supplier to do to resolve your complaint – and let the supplier know.

Disbelieving accurate responses

When things go wrong, people lose trust. So people often lack confidence in energy company’s answers. It can be worth seeking advice online or from friends and family. This can sometimes provide the reassurance consumers desire without the need for an ombudsman investigation. See All you need to know to make a complaint about energy for advice, tips, information and consumer rights regarding energy complaints and the Ombudsman website for Energy complaint advice and cases.

Unreasonable expectations / asking for bills or balances to be wiped

Energy suppliers do offer financial awards – but they are normally goodwill gestures to acknowledge what went wrong. Energy suppliers rarely relate awards to the size of a consumer’s outstanding balance.

Ombudsman Services applies similar principles in our complaint handling. Customers should pay the correct amount for the energy they have consumed. If something has gone wrong and a financial award is due – the amount will be proportionate to the trouble the consumer experienced – not the outstanding account balance.

Failing to engage with an energy supplier

Poor energy supplier responses can leave consumers feeling that the problem won’t be resolved without help. But Ombudsman Services can only help after a consumer has tried to resolve the problem with the energy supplier direct for several weeks. As frustrating as it is, consumers should plug away with the energy company. Be clear about what the problem is and what needs to be done to put it right. Check out 20 Top Tips for complaining effectively to increase your chances before needing the Ombudsman. Hopefully someone at the energy company will understand the complaint and correct the problem. This will mean a far quicker resolution than if you go to the Ombudsman.

Becoming too invested in the complaint

If a consumer feels they’ve been wronged, they’re likely to tell people about it. Sometimes it turns out that the consumer is at fault, and in such circumstances, it can be difficult for consumers to admit their error to other people on the complaint journey. They can reach for excuses and/or change the substance of their complaint so as not to lose face. This rarely leads to success and escalating to Ombudsman Services can sometimes prolong and increase the disappointment. If a consumer realises that they are wrong, there is sometimes value in not continuing the complaint.

If consumers feel wronged they should always complain; but they should do so in a focused way and seek a proportionate outcome.

Holiday companies use Blue Monday for marketing – here’s how to turn the tables and make it sunny for you and for your wallet!

Blue Monday is the third Monday in the first month of the year, falling this year on 15 January… It is claimed by some to be the most depressing day of the year. The term was coined by Cardiff University lecturer, Dr Cliff Arnall, in 2005, when he “scientifically calculated” a formula for a press release for Sky Travel. (See this Guardian article for more information)

Why depressing? Well, it’s cold, we’ve had a nice few days off over Christmas but we haven’t been paid yet and the credit card bills are starting to come in now. Our New Year resolutions are already failing… What can we do? How about getting away from it all or at least thinking about a future holiday?

Holiday companies will clamour to use this “special” day once again to boost their “deals”. So, for the 15th January, some expert money bloggers and I have joined forces to give you 15 tips on saving money when booking that holiday! We look at turning the tables and playing the travel companies at their own game, so you can save money when you book your trip away. Good huh?

Rights

1) I’ll kick off, as you would expect, with your consumer rights. “You have numerous consumer rights to cover you when booking your holiday and for when you are on holiday. Be aware of them when booking. For example, if you feel that you have made a purchasing decision that you wouldn’t have made had you been given accurate information (such as a misleading price) you may be able to claim a refund under the Consumer Protection from Unfair Trading Regulations 2008”. There is also the Package Travel, Package Holidays and Package Tour Regulations 1992 of which you should be aware. These give you lots of rights regarding any changes that the company may make, amongst other things!”

Dates and shopping around

2) The Money Whisperer, Emma Maslin says “If you are looking for popular times e.g. school holidays for package holidays, it maybe best to book ahead but if you can be more flexible, wait until closer to the date for the best last-minute deals. We’re going to the same island we went to last year but booked ahead this time. We booked just 7 days before last year and it was over £200 cheaper per person. This year, it might not be a last minute option – that’s the risk you take. But if you are flexible and can go elsewhere or fly a different day to save money, then it pays to look around.”

3) Fiona Hawkes from Savvy in Somerset has found that booking accommodation and flights separately has always been cheaper than a package. She also advises looking round at all the various websites that do this for you, as some will also offer free cancellation or low cost cancellation cover for accommodation.

4) “Haggle!” implores blogger Emma Drew. “We have haggled between Disney and Virgin Holidays for a cruise. Virgin Holidays were selling it for more than Disney, so we went armed with the info and got them to match Disney and throw some on board credit in! Add that to shopping around for flights with sites like SkySkanner where you can find flights cheaper than going direct.”

Discounts

5) “Try it on!” Catherine Morgan Financial Money Coach cheekily encourages. “Say you are on your honeymoon or it’s a wedding anniversary, sometimes it works! Be a bit savvy too. We saved a mint last year when we booked a TUI week away to Kos. We contacted the hotel directly and paid them £100 and got an upgrade with a swim up room. Thomson wanted to charge us £700 extra for the same!”

6) Mrs Mummy Penny, Lynn James, suggests thinking of your friends and family who work for a travel company or hotel. Maybe they have a friends and family offer code they can give you? One of her friends is a concierge at Aria in Las Vegas and can always find her a deal. Often it makes it cheaper than package deals.

7) “Use cashback!” exclaims Emma Bradley of Mums Savvy Savings “Look for discount codes and then use sites like Topcashback* which will give you money straight back into your account too. I saved about £150 from doing this last year.” (I got about £70 from Thomson last Summer too. You can also use Zeek* to see if there are any discounted gift cards which you will be able to use with discounts to reduce the cost still further. (*Refer a friend links. So if you sign up you’ll get a bonus and so will I 🙂 ))

Thinking ahead

8) Faith Archer from Much More with Less cuts food costs while away by booking somewhere to stay with self-catering facilities. “Even the odd breakfast in your room or packed lunch can save cash compared to eating out for every meal!”, she says.

9) Andy Webb from Be Clever With Your Cash advises booking car hire far in advance for the lowest prices “AND make sure the car is big enough! It will only cost a few quid more to get a bigger car when booking, but can be hundreds if you have to upgrade at the check-in desk! Shop around for the car hire, looking direct as well various comparison sites. Plus, if the excess waiver isn’t included don’t buy it from the car rental company. You can get policies for a few quid elsewhere that’ll cover you for damage to the car. Make sure you are comparing like for like inclusive totals.”

10) Buy your travel insurance the day you buy your holiday in case you need it before you go! “But also think about how you are going to buy it. Shop around as it will nearly always be cheaper than the one you get offered with a package. And look at all the group (e.g. group, couple, family) options however your group is made up” says William Pointing from Great Deals Made Easy.

Alternatives to the usual booking routes

11) Hollie Gregersen from ThriftyMum recommends house sitting or pet sitting! “There are a number of websites that provide details of homes you can stay at providing affordable options for holidays in the UK and abroad, including house swaps”.

Getting there

12) Pete Chatfield from Household Money Saving suggests taking a coach if travelling in Europe and saving a fortune.

13) A Thrifty Fox blogger Emily Rowley considers stopover flights; if flying long haul you could save hundreds by planning a break in your journey (tie in with meals if it makes it more bearable!)

14) Joseph Seager of A Thrifty Chap tries to be flexible when booking. Midweek is nearly always cheaper than a weekend. So are less sociable hour flight times. You can save by flying from other airports too, but make sure to factor in different travel to airport/parking/stay costs for your final comparison.

Everytime you search!

15) Above all, if you go back to a website, clear your cookies first. The travel website will put that price up if it knows you’ve looked at that holiday before!

Companies will no longer be able to charge fees for using credit cards, following the implementation of a new EU directive.

Since April 2013 traders have not been able to charge consumers fees that exceed the cost for using a particular method of payment. However, from 13 January 2018 companies will no longer be able to charge any fees for the use of credit or debit cards. This includes payment methods such as Apple Pay and PayPal, too. The change also applies to Government departments and local councils. So, for example, DVLA will no longer charge you a fee for paying by credit card when you renew your road tax.

(Be aware though, that although the Law covers the EU and therefore there should be no charges for credit card payments anywhere within it, the UK Government extended it to Paypal etc. So if using PayPal or similar then you will need to check with the country as to whether they also applied this extension.

She asks “Who isn’t annoyed when they have to pay a fee for paying for their car tax or to Ryanair for booking their flight?” Dewdney is emphatic that traders have had long enough to know this change has been coming to be able to plan and not pass increases in costs to consumers. “That goes for those Government departments, too, so there should certainly not be an increase in council tax fees and road tax to cover the supposed ‘loss’, thank you very much!”

She adds “Used wisely, many people pay by credit cards to defer payment and also to get cashback rewards!”

However, not everyone welcomes the changes. David Taylor, who blogs at Thinking Thrifty and runs a café, fears that with no charge it’ll encourage card payments even further for really small amounts. He is considering not taking credit card payments any more, admitting that he will lose some custom “but if that custom is making me a loss, ironically, I can’t afford the custom anyway.”

The Federation of Small Businesses believes that David is not alone saying “many small firms will struggle to absorb the costs associated with card payments”.

Not all small businesses agree though:

Forced me to shop around for a better deal on my credit card machine so actually much better off as a result!

Richard Allen of Reflections Detailing – a car restorer – has never charged a fee for using credit cards. He says “It’s just a cost of doing business and in the grand scheme of things, it’s a pretty small cost. I didn’t know it was coming though. But actually it costs me more to handle cash in any case!” He notes that credit card transactions incur a fee of 2.389%, debit card transactions 0.495% and cash 2%. Every card transaction also has a 5p authorisation fee. No company ever charged for handling cash!”

Then there’s places like Just Each which had a 50p credit card charge. They have had to scrap that and have introduced a 50p service charge for all transactions. Keep and eye out for those and come back here and tell us so we can have a rogue’s gallery!

The Taxman cometh
The HMRC has received criticism for abolishing credit card payments. A spokesperson for the HMRC said “We will no longer be accepting personal credit card payments from 13 January as new rules mean that we can no longer pass on what our bank charge for processing a credit card payment. It would be unfair to expect other taxpayers to pick up this cost. There are a range of ways for people to pay us depending on the type of tax being paid, including debit cards, Direct Debit, Faster Payment and BACS.”

Dewdney believes that people should put money aside as they earn it to pay their tax. “However”, she argues, “for some people less able to plan financially, or who suddenly find themselves in a difficult financial situation, the short notice (announced a few weeks before Christmas and nowhere on the HMRC website) will be very unhelpful.”

Open banking changes
The arguments for and against the banning of charges are only part of the bigger picture. The ban comes in on the same day as the introduction of Open Banking which could potentially bring greater benefits for consumers.

Sara Williams is a Citizen’s Advice advisor and UK Money Blogger of the Year 2017 for Debt Camel, covering debt and credit ratings. She says that large retailers may try to bypass the current payment mechanisms and provide payment apps directly to customers. “Getting rid of charges for using cards will be generally good for consumers.” But she warns consumers to “Look out for side-effects. Card companies may reduce their charges to business and cash back credit cards may disappear as a result.”

Seen a business charging the fee?
Complain! Obviously! Write in the first instance claiming the fee back if you have already paid it. Use the Top 20 Tips for effective complaining. You can also report the company to Trading Standards and let us know about in the comments below too!